Short Title:Contracts, Specifications & Tenders
Full Title:Contracts, Specifications & Tenders
Module Code:HTSC H2013
 
ECTS credits: 5
NFQ Level:6
Module Delivered in 2 programme(s)
Module Contributor:Mark Lonergan
Module Description:This module introduces the learner to the concepts of contract law to the extent that the successful student can understand and create contracts. The learner will also learn how to interpret and develop specifications and formulate tenders, knowing the implications of this for their business.
Learning Outcomes:
On successful completion of this module the learner will be able to
  1. Understand the importance of contracts, specifications and the tendering process for any horticultural business
  2. Understand the details and requirements of tender notices, the evaluation criteria that might be used and how to get your business on tender lists
  3. Create contracts and clauses, in particular with horticultural specific content
  4. Anticipate the consequences of any party breaking a contract
  5. Find and, in reply, compile responses to appropriate tenders for a given business
  6. Compile a range of costing documents, such as ‘Specified Schedules of Work’, ‘Bills of Quantities’, in particular for costings on horticultural projects
 

Module Content & Assessment

Indicative Content
Contracts
Review of the basis of Contract Law. The meanings of an Offer, Acceptance, Consideration and Capacity of a Contract. The terms and conditions of a contract. The process of dealing with Risk and Insurance, including topics such as Public Liability, Professional indemnity. The meaning and nature of Bonds and Guarantees, Tax Clearance.
Contingencies and modifications to contracts
Enforcements in contracts, including warranties, escape clauses and non-performance penalties. The use of Arbitration and the circumstances when it is required. Methods of Payment in contracts, including Stage payments, Variations and Fluctuations. The nature of the Contractual Chain and sub-contracting. Contractual Relationships within different organisational structures. Interpreting details in contract documents
Specifications
The content and use of Schedules of Worksite surveys and plans and their role in Law. Bill of Quantities, including Agreed Rules of Measurement (ARM). Statements of components, standards and quality in Specifications. Time scales for specifications. Clauses. Interpreting specification documentation and their details.
Costing and Tenders
The principles underlying Tendering, including Equal Treatment, Transparency. Tender Thresholds. Costing procedures for fixed and variable costs in tenders. Different types of tendering procedures, including Open, Restricted, Negotiated tenders. Getting on Tender Lists. The tendering process, including preparing a tender, establishment and writing of evaluation criteria. Procurement by the Internet and the e-tendering process. Necessary Ethics in procurement. Drawing up time and material tenders, Fixed tenders. The stages of bringing together complete costing and tender documentation. The process of evaluation of tenders and quotations.
Indicative Assessment Breakdown%
Course Work Assessment %100.00%
Course Work Assessment %
Assessment Type Assessment Description Outcome addressed % of total Assessment Date
In-class test n/a 5 15.00 n/a
Written Report n/a 6 15.00 n/a
Other To be confirmed None 70.00 n/a
No Final Exam Assessment %
Indicative Reassessment Requirement
Repeat examination
Reassessment of this module will consist of a repeat examination. It is possible that there will also be a requirement to be reassessed in a coursework element.
Reassessment Description
100%

ITB reserves the right to alter the nature and timings of assessment

 

Indicative Module Workload & Resources

Resources
Recommended Book Resources
  • John Murdoch,, Construction Contracts [ISBN: 0415393698]
  • Ronald M. Chadwick 1990, Spon's grounds maintenance contract handbook, E. & F.N. Spon London [ISBN: 0419151605]
  • Nael G Bunni 2003, Risk and insurance in construction, Spon Press London [ISBN: 0419213805]
This module does not have any article/paper resources
This module does not have any other resources

Module Delivered in

Programme Code Programme Semester Delivery
BN_SHTSC_8 Bachelor of Science (Honours) in Horticulture [240 ECTS credits] 4 Mandatory
BN_SHTSC_7 Bachelor of Science in Horticulture [180 ECTS credits] 4 Mandatory